State v. Word’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The trial court is required to submit a lesser-included offense instruction if requested by defendant only where there is some affirmative evidence of the lack of an essential element of the higher offense which would not only authorize acquittal of the higher offense but would also sustain a conviction of the lesser offense. Both conditions must be met because a jury always has the option of finding the accused not guilty of the offense charged. (Citing authorities.)”

   1 later decision quote this exact passage
   e.g. State v. Williams

2. ““[The accused’s] alleged ‘basis’ for submitting a jury instruction on the lesser included offense of trespass in the first degree is no more than ‘mere possibility and speculation.’ ... [T]here is insufficient evidence to support [the accused’s] contention that he entered the home for any reason other than to commit a crime.””

   1 later decision quote this exact passage
   e.g. State v. Hinsa